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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5214 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5214

 To require States to measure and publicly report on the separation of 
children from parents by hidden foster care arrangements, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mr. Cornyn (for himself and Mr. Ossoff) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To require States to measure and publicly report on the separation of 
children from parents by hidden foster care arrangements, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foster Care Placement Transparency 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In some circumstances, upon a family first coming to 
        the attention of a child protective services agency, for 
        various reasons, a child may newly enter a hidden foster care 
        arrangement either as a direct or indirect result of contact 
        with the child protective services agency.
            (2) While a hidden foster care arrangement may be in the 
        best interests of a child, there is no measure of the extent to 
        which hidden foster care arrangements are used by States.
            (3) Because hidden foster care arrangements are made upon 
        the initial contact of a family by a child welfare agency, such 
        arrangements are also the first opportunity States may have to 
        provide support to the new caregivers to a child who is in a 
        hidden foster care arrangement and serve the best interests of 
        the child.
            (4) However, due to a lack of understanding of the 
        instances in which hidden foster care arrangements are used 
        throughout States, it is difficult to determine how the needs 
        of children, their new caregivers, and families can be best 
        supported in cases of hidden foster care arrangements as well 
        as the manner in which Federal funds or oversight could be best 
        directed to support States in their work with these cases.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hidden foster care arrangement.--The term ``hidden 
        foster care arrangement'' means any separation of a child from 
        the child's parents or primary caregivers during an 
        investigation by a State, county, local, or tribal child 
        protective services agency (in this Act referred to as a ``CPS 
        agency'') that occurs without the State taking responsibility 
        for the care or placement of the child and without a court 
        order or the involvement and oversight of a court of law, 
        whether voluntary or involuntary. Such term includes--
                    (A) arrangements in which a CPS agency suggests, 
                implies, or insists that a parent should or must permit 
                the parent's child to live with someone else in 
                response to an investigation of allegations that the 
                parent, or a spouse, partner, or other individual who 
                resides with the parent, has neglected or abused the 
                child; and
                    (B) arrangements commonly referred to as ``kinship 
                diversion,'' ``foster care diversion,'' ``safety 
                planning,'' and ``informal family planning'' to the 
                extent that these arrangements occur without a court 
                order or court oversight.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (3) State.--The term ``State'' has the meaning given that 
        term in section 1101(a) of the Social Security Act (42 U.S.C. 
        1301(a)) for purposes of parts B and E of title IV of such Act 
        (42 U.S.C. 621 et seq., 671 et seq.).

SEC. 4. STATE REPORTS ON HIDDEN FOSTER CARE ARRANGEMENTS.

    As a condition for payment of funds under a State plan approved 
under the Marylee Allen Promoting Safe and Stable Families Program 
under subpart 2 of part B of title IV of the Social Security Act (42 
U.S.C. 629 et seq.) for each reporting period beginning with the first 
year that begins on or after the date that is 2 years after the date of 
enactment of this Act, a State shall submit to the Secretary with the 
report required under section 432(a)(8)(B) of such Act (42 U.S.C. 
629b(a)(8)(B)) for the fiscal year involved, data and a written report 
that specifies, for each such fiscal year--
            (1) the number of children separated from their parents by 
        a hidden foster care arrangement;
            (2) the number of hidden foster care arrangements that 
        ended without the child entering the formal foster care system;
            (3) the number of hidden foster care arrangements that 
        ended through the placement of the child into the formal foster 
        care system;
            (4) the category or type of allegation raised in each case 
        which resulted in a separation of a child from their parents by 
        a hidden foster care arrangement; and
            (5) to the extent data is available, the number of 
        caregivers in a hidden foster care arrangement who received 
        additional services including referrals to kinship navigator 
        programs, prevention services programs funded under part B or E 
        of title IV of the Social Security Act (42 U.S.C. 621 et seq., 
        671 et seq.), services provided by an entity or organization 
        other than a CPS agency, or to legal counsel.

SEC. 5. SECRETARIAL RESPONSIBILITIES.

    (a) Annual Report to Congress on Hidden Foster Care Practices.--The 
Secretary shall submit an annual report to Congress based on the most 
recent State reports submitted under section 4. Each annual report 
shall include the following:
            (1) The total number of children for whom a hidden foster 
        care arrangement ended during the fiscal year reported on, and 
        of that number--
                    (A) how many of the hidden foster care arrangements 
                ended without the child entering the formal foster care 
                system; and
                    (B) how many of the hidden foster care arrangements 
                ended through the placement of the child into the 
                formal foster care system.
            (2) The total number of each category or type of allegation 
        raised in a case which resulted in a separation of a child from 
        their parents by a hidden foster care arrangement.
            (3) To the extent data is available, the number of 
        caregivers in a hidden foster care arrangement who received 
        additional services, including referrals to kinship navigator 
        programs, prevention services programs funded under part B or E 
        of title IV of the Social Security Act (42 U.S.C. 621 et seq., 
        671 et seq.), services provided by an entity or organization 
        other than a CPS agency, or legal counsel.
            (4) A summary of the number of States that submitted a 
        report under section 4 for the fiscal year involved and the way 
        in which those States address hidden foster care arrangements 
        within the most recent State plan reports submitted part B or E 
        of title IV of the Social Security Act (42 U.S.C. 621 et seq., 
        671 et seq.).
    (b) Implementation.--
            (1) Consistent data.--The Secretary shall ensure that, to 
        the extent practicable, the data and information required to be 
        reported under section 4--
                    (A) is collected and reported in a reliable and 
                standardized manner by all States;
                    (B) provides a comprehensive, national picture of 
                the practice of hidden foster care arrangements; and
                    (C) draws upon and does not duplicate other 
                required child welfare data collection and reporting 
                regarding children for, or on whose behalf, prevention 
                services are offered, including under section 
                471(e)(5)(B)(x) of the Social Security Act (42 U.S.C. 
                671(e)(5)(B)(x)), section 479 of such Act (42 U.S.C. 
                679), and subparagraphs (C) and (D) of section 
                103(c)(1) of the Child Abuse Prevention and Treatment 
                Act and 106(d) of the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5103(c)(1), 5106a(d)).
            (2) Guidance; technical assistance.--The Secretary may use 
        funds made available to carry out part B of title IV of the 
        Social Security Act (42 U.S.C. 621 et seq.) to issue guidance 
        or provide technical assistance to States with respect to the 
        data and information required to be reported under section 4.
            (3) Publication and manner of submission.--The Secretary--
                    (A) may include the report required by subsection 
                (a) in the annual compilation of State reports required 
                to be submitted to Congress under section 432(c) of the 
                Social Security Act (42 U.S.C. 629b(c)); and
                    (B) shall make each report submitted to Congress in 
                accordance with subsection (a) publicly available.
                                 <all>
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